INTERFAITH CONFLICTS AND JUDICIAL APPROACH: APPLICATION OF SHARIA PRINCIPLES IN NON-MUSLIM PERSONAL LAW

Abstract

This research article provides a comprehensive study of interfaith legal conflicts and judicial approaches concerning the application of Sharia principles within non-Muslim personal laws. In the contemporary social and legal context, disputes over marriage, family matters, inheritance, and property among individuals from different religious communities are increasingly complex, posing sensitive and challenging issues for the judiciary. In cases of interfaith marriages, divorce, inheritance, and property disputes, courts consider not only the respective religious laws but also ethical and legal principles to ensure justice, equity, and social harmony.The study examines the fundamental principles of Sharia, such as justice (Adl), public interest (Maslahah), prevention of harm (Darar), and protection of rights, analyzing their compatibility or potential conflict with non-Muslim personal laws. It also includes detailed case studies and judicial examples to demonstrate how courts integrate Sharia principles with non-Muslim laws while protecting the rights of women, children, and minority groups. These examples illustrate the practical application of Sharia principles in achieving fair and equitable resolutions in interfaith disputes.

The research identifies that Sharia principles provide ethical and legal guidance, assist in resolving legal conflicts, and promote fairness in judicial decision-making. However, practical limitations exist, including divergences between Sharia and non-Muslim laws, judicial inconsistencies, the complexity of multi-religious contexts, and sensitive social implications of interfaith disputes. The study suggests that courts adopt balanced, ethical, and effective strategies to harmonize Sharia principles with non-Muslim personal laws, ensuring justice, equity, and social cohesion in interfaith legal matters.Overall, this article demonstrates that Sharia principles serve not only as a moral and legal framework for judicial decisions but also play a significant role in fostering justice, equity, and protection within interfaith social and legal relationships. The study aims to provide a scholarly and practical reference for policymakers, legal practitioners, and researchers engaged in interfaith legal issues, promoting effective and fair judicial outcomes.